173 results, showing 141 to 160
Coast to Coast Imports Pty Ltd is an importer and wholesaler of consumer products and supplies to retail outlets throughout Australia.
In October 2008, as part of marketplace monitoring, ACCC staff purchased a packet of elastic luggage straps (“6 Pce Stretch Cord 12’18’24) from a retail outlet located in Perth.
Natural Products of Australia Pty Ltd (Natural Instinct) is a manufacturer, wholesaler and distributor of a hair and skin care products, and household cleaning products.
Natural Instinct has acknowledged that it may have breached sections 52, 53(a), 55 and 65D of the Trade Practices Act 1974 (the Act) in the labelling of some of its products and in brochures distributed by Natural Instinct.
In particular, until on or about 30 June 2008:
Natural Instinct did not include sodium laureth sulphate (plant derived), cocamide DEA, cetrimonium chloride and citric acid as ingredients on the labels of some of its products, as required by the Trade Practices (Consumer Product Information Standards) (Cosmetic) Regulations 1991 (the Standard).
Natural Instinct did not list ingredients in the order required by the Standard.
Natural Instinct did not correctly name certain chemicals and ingredients, as required by the Standard.
The ACCC also expressed concern that statements by Natural Instinct that its products are “made with/from 100% pure oils and certified organic herbs” may be misleading or deceptive because they imply that the products contain significant amounts of herbs and oils, when certain products only contain 0.2% to 0.6% of herbs and oils.
The ACCC considers that this conduct may breach sections 52, 53(a) and 55 of the Act. While Natural Instinct does not admit that this conduct breaches the Act, it has amended the representations to state that the products “contain” pure essential oils and organic herbs.
Under the court enforceable undertaking Natural Instinct has agreed to place corrective notices; cease the contravening conduct; provide refunds to affected customers; and to implement a Trade Practices Compliance Program.
Coca-Cola South Pacific Pty Ltd is responsible for marketing and technical services for Coca-Cola products within Australia. The company is ultimately owned by The Coca-Cola Company.
Designer Direct (SA) Pty Ltd (Designer Direct) proposed a Variation to the section 87B undertaking accepted by the ACCC on 5 October 2007.
The undertaking related to false and misleading down content claims made by Designer Direct for its 'Mahogany Summer' and 'Mahogany Winter' quilts.
The undertaking included a requirement that Designer Direct implement a trade practices compliance program with annual trade practices compliance training to be provided to all officers, employees and other persons involved in Designer Direct's business whose duties could result in them being concerned with conduct that may contravene sections 52, 53(a) and 55 of the TPA.
The annual trade practices compliance training is to be provided by a suitably qualified compliance professional or legal practitioner.
The Variation amends Designer Direct's trade practices compliance training obligation by limiting the category of Designer Direct staff required to receive the annual training to senior staff, namely, "all directors and managers" instead of the broader "all officers, employees and other persons".
Sontax Australia (1988) Pty Ltd (Sontax) carries on business as an importer and wholesale supplier of hardware goods including elastic luggage straps packaged under the Sontax brand.
Between 27 July 2008 and 25 August 2008 Sontax supplied Sontax branded elastic luggage straps packaged as a ’12 PIECE ELASTIC LUGGAGE STRAP ASSORTMENT’ with the product code 91830 (Sontax Straps).
The Australian Competition and Consumer Commission (ACCC) is responsible for ensuring compliance with prescribed consumer product safety standards under the Trade Practices Act 1974 (TPA).
There is a prescribed consumer product safety standard for elastic luggage straps (Mandatory Standard) that applies to an elastic strap or cord having a hook, buckle or other fastening device at each extremity and which is designed to be used for the purpose of securing luggage or other objects.
The Mandatory Standard requires an elastic luggage strap to have permanently attached a label bearing the following warning (Warning Label);
WARNING.
On 12 September 2006 the Australian Competition and Consumer Commission (ACCC) accepted an undertaking given by Black & Decker (Australia) Pty Ltd pursuant to section 87B of the Trade Practices Act 1974. The undertaking requires Black & Decker for a period of 3 years refrain from making any representation to the effect that certain products it supplies are "Australian Made", "Made in Australia" or originate from Australia if that is not in fact the case.
The undertaking also requires Black & Decker to establish and implement a Trade Practices Compliance Program in accordance with the requirements set out in the ‘Annexure A’.
Between late 2006 and September 2008 Black & Decker supplied certain Powerfile sanding belts (the Powerfile belts) in packaging which included the representation ‘Made in Australia’ when in fact those Powerfile belts were made in Germany.
The ACCC is concerned that by representing that the Powerfile belts were ‘Made in Australia’ (the Representation) in circumstances where the Powerfile belts were not substantially the result of manufacturing processes carried out in Australia Black & Decker has engaged in conduct and made representations in breach of sections 52, 53(a), 53(eb) and 55 of the TPA and contravened paragraph 14(a) of the undertaking.
Black & Decker acknowledges acknowledges that by supplying the Powerfile belts with the representation ‘Made in Australia’ when they were not substantially transformed in Australia it has contravened sections 52, 53(a), 53(eb) and 55 of the TPA and paragraph 14(a) of the Undertaking.
In order to address the concerns identified in connection with the supply of the Powerfile belts, Black & Decker has given to the ACCC a variation to the undertaking that:
Extends the period of time (to 4 years) during which Black & Decker is to maintain and implement the trade practices compliance program;
Requires Black & Decker undertake an audit of its domestic suppliers to identify the source (country of origin) of all of the materials used in the manufacture of the products that they supply to Black & Decker.
Requires Black & Decker conduct a review its compliance processes with respect to country of origin statements made on the Products and implement all necessary changes.
Timbermate Products Pty Ltd (Timbermate) carries on business as a manufacturer, importer and distributor of hardware products and supplies including a moulded rubber tie down strap branded “Quickties”.
Between mid 2005 and September 2008 Timbermate supplied Quickties with a paper based warning label to a range of hardware and other retailers.
The Australian Competition and Consumer Commission (ACCC) is responsible for ensuring compliance with prescribed consumer product safety standards under the Trade Practices Act 1974 (TPA).
There is a prescribed consumer product safety standard for elastic luggage straps (the Mandatory Standard) that applies to an elastic strap or cord having a hook, buckle or other fastening device at each extremity and which is designed to be used for the purpose of securing luggage or other objects.
The Mandatory Standard requires an elastic luggage strap to have permanently attached a label bearing the following warning (the Warning Label);
WARNING.
Kyberguard Pty Ltd, trading as Soldsmart, is a company that operates an online sales website at www.soldsmart.com.au, advertising and selling a variety of products including ride-on car toys for children of varying ages.
Between 30 November 2007 and 11 June 2008 Soldsmart advertised for sale two types of ride on car toys for children under the age of 36 months, that had small moveable parts:
Item BC7608RD – Sliding Tractor/Truck
Item RC6410PK – Electric Hot Rod Race Car
These products were independently tested to ascertain whether they complied with the Australian Standard. Results identified that both products failed to comply with the Australian Standard, in that parts broke off during testing.
Soldsmart acknowledges that it failed to comply with the Australian Standard, contravening section 65C of the Trade Practices Act.
Soldsmart has undertaken to the ACCC that it will:
Recall the products and offer a refund to all customers who have purchased these products;
Establish and implement a Trade Practices Compliance Program
Maintain and continue to implement the Trade Practices Compliance Program
Ensure that all products sold by Soldsmart that are subject to a prescribed consumer product safety standard or information standard under the TPA comply with the relevant standard; and
Ensure that any test reports for products advertised for sale by Soldsmart are not more than 12 months old, and are supplied by an Australian NATA accredited testing agency or equivalent overseas agency.
JB Hi-Fi Group Pty Ltd (JB Hi-Fi) is a retailer that supplies a wide range of products, including mobile phones, televisions, DVD recorders, computers, iPod players, home theatre products, music, games, car sound, digital cameras, printers and accessories.
Since June 2007, JB Hi-Fi entered the mobile consumer electronic and telecommunications market and supplied mobile phones and accessories in all its 98 stores around Australia.
In June 2008, a customer purchased what was represented to her as being a new Nokia mobile phone for $80 from the JB Hi-Fi store in Kotara Westfield in NSW.
Stamford Hotels Pty Ltd (Stamford Hotels) is the owner and operator of the Stamford Grand North Ryde (the Hotel).
Mark Hawkins, Merin Hawkins and Medalist (Victoria) Pty Ltd carry on business in partnership (the Medalist partnership) as a wholesale supplier of hand tools to the retail hardware and nursery industries.
Between 18 July 2007 and 22 August 2008 the Medalist partnership supplied certain Medalist branded elastic luggage straps (the Medalist straps) to its retail customers.
The Australian Competition and Consumer Commission (ACCC) is responsible for ensuring compliance with prescribed consumer product safety standards under the Trade Practices Act 1974 (TPA).
There is a prescribed consumer product safety standard for elastic luggage straps (the standard) that applies to an elastic strap or cord having a hook, buckle or other fastening device at each extremity and which is designed to be used for the purpose of securing luggage or other objects.
The standard requires an elastic luggage strap to have permanently attached a label bearing the following warning (the Warning Label);
WARNING.
Brilliant Signs Pty Ltd carries on business as a hardware wholesaler which includes the wholesaling of elastic luggage straps.
On 31 August 2007 Brilliant Signs supplied certain SSA branded elastic luggage straps to one of its customers for retail sale to consumers.
This was the only occasion on which Brilliant Signs supplied the SSA branded elastic luggage straps.
The Australian Competition and Consumer Commission (ACCC) is responsible for ensuring compliance with prescribed consumer product safety standards under the Trade Practices Act 1974 (TPA).
There is a prescribed consumer product safety standard for elastic luggage straps (the standard) that applies to an elastic strap or cord having a hook, buckle or other fastening device at each extremity and which is designed to be used for the purpose of securing luggage or other objects.
The standard requires an elastic luggage strap to have permanently attached a label bearing the following warning (the Warning Label);
WARNING.
Service Station Supplies (Aust) Pty Ltd (SSSA) carries on business as a wholesaler of car care and convenience products to retail service stations and convenience store operators.
Between about June 2004 and July 2008 SSSA supplied certain SSA and MGR branded elastic luggage straps (the SSA and MGR straps) to its service station and convenience store operator customers.
The Australian Competition and Consumer Commission (ACCC) is responsible for ensuring compliance with prescribed consumer product safety standards under the Trade Practices Act 1974 (TPA).
There is a prescribed consumer product safety standard for elastic luggage straps (the standard) that applies to an elastic strap or cord having a hook, buckle or other fastening device at each extremity and which is designed to be used for the purpose of securing luggage or other objects.
The standard requires an elastic luggage strap to have permanently attached a label bearing the following warning (the Warning Label);
WARNING.
Mitre 10 Australia Limited (Mitre 10) is a wholesaler of hardware products which includes elastic luggage straps.
Between June 2007 and August 2008 Mitre 10 imported and distributed elastic luggage straps packaged under its private label brand ‘Warrior Bungee Cord’. Each package of the Warrior Bungee Cord included 14 elastic luggage straps in a variety of sizes and colours.
The Australian Competition and Consumer Commission (ACCC) is responsible for ensuring compliance with prescribed consumer product safety standards under the Trade Practices Act 1974 (TPA).
There is a prescribed consumer product safety standard for elastic luggage straps (the standard) that applies to an elastic strap or cord having a hook, buckle or other fastening device at each extremity and which is designed to be used for the purpose of securing luggage or other objects.
The standard requires an elastic luggage strap to have permanently attached a label bearing the following warning (the Warning Label);
WARNING.
Bunnings Group Limited is a major retailer of home improvement products in Australia. One of the products sold by Bunnings is a rubber luggage strap known as Quickties Tie Down Strap (Quickties).
The Australian Competition and Consumer Commission (ACCC) is responsible for ensuring compliance with prescribed consumer product safety standards under the Trade Practices Act 1974 (TPA).
The TPA includes such a standard for elastic luggage straps.
An elastic luggage strap is defined in the relevant standard as including an elastic strap or cord having a hook, buckle or other fastening device at each extremity that is designed to be used for the purpose of securing luggage or other objects.
The ACCC is of the view Quickties are an elastic luggage strap.
The relevant standard requires elastic luggage straps to have permanently attached a label bearing the following warning (the Warning Label);
WARNING.
On 12 February 2009, the ACCC accepted the undertaking of Mr Mark Rafferty.
Under the undertaking, Mr Rafferty agrees that he will not deploy in favour of Toll Express, Toll or its related bodies corporate any confidential information obtained by Mr Rafferty during the course of his employment with Pacific National Limited.
The undertaking relates to the ACCC’s approval of Toll’s employment of Mr Rafferty, pursuant to clause 2.9(f) of the undertaking given by Toll to the ACCC on 11 March 2006, as varied on 18 April 2007.
Toll’s undertaking dated 11 March 2006 and the variation to that undertaking which was accepted by the ACCC on 18 April 2007, being the fifth variation to that undertaking, can be viewed on the ACCC’s website.